Case 3:16-cv-02010-L Document 16 Filed 09/16/16 Page 1 of 66 PageID 239 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DEMETRICK PENNIE a Natural Person and Resident of Texas, and Sergeant in the Dallas Police Department, on behalf of himself and other law enforcement officers deceased or alive similarly situated and LARRY KLAYMAN, a Natural Person and Resident of Florida, on behalf of himself and other law enforcement officers deceased or alive similarly situated Plaintiffs, v. LOUIS FARRAKHAN, a Natural Person, and Minister and Leader of AMENDED COMPLAINT Nation of Islam 7351 South Stony Island Avenue Civil Action No. 3:16-cv-02010 Chicago, Illinois 60649 and NATION OF ISLAM 7351 South Stony Island Ave. Chicago, IL, 60649 and REVEREND AL SHARPTON, a Natural Person, and founder and President of the National Action Network 106 W. 145th Street Harlem, New York 10039 and NATIONAL ACTION NETWORK, 106 W. 145th Street Harlem, NY, 10039 Case 3:16-cv-02010-L Document 16 Filed 09/16/16 Page 2 of 66 PageID 240 and BLACK LIVES MATTER, a Nationwide organization and RASHAD TURNER a Natural Person, and leader of the Black Lives Matter movement and OPAL TOMETI, a Natural Person, and co-founder and leader of the Black Lives Matter movement and #blackLivesMatter network and PATRISSE CULLORS, a Natural Person, and co-founder and leader of the Black Lives Matter movement and #blackLivesMatter network and ALICIA GARZA, a Natural Person, and co-founder and leader of the Black Lives Matter movement and #blackLivesMatter network and DERAY MCKESSON a Natural Person, and leader of the Black Lives Matter movement and JOHNETTA ELZIE a Natural Person and leader of the Black Lives Matter movement and 2 Case 3:16-cv-02010-L Document 16 Filed 09/16/16 Page 3 of 66 PageID 241 NEW BLACK PANTHERS PARTY Washington, DC and MALIK ZULU SHABAZZ a Natural Person, and leader of the New Black Panther Party and GEORGE SOROS a Natural Person and financier of the Black Lives Matter movement and BARACK HUSSEIN OBAMA, acting as President of the United States of America 1600 Pennsylvania Avenue Washington, D.C. 20500 and ERIC HOLDER, a Natural Person, and former Attorney General of the United States of America Covington & Burling LLP One City Center 850 Tenth Street, NW Washington, DC 20001-4956 and HILLARY CLINTON, a Natural Person, and former Secretary of State of the United States of America, and a resident of New York Defendants. AMENDED COMPLAINT 3 Case 3:16-cv-02010-L Document 16 Filed 09/16/16 Page 4 of 66 PageID 242 In this class action Amended Compliant, Plaintiffs Demetrick Pennie and Larry Klayman (collectively “Plaintiffs” unless individually named), and police officers and other law enforcement persons of all races and ethnicities including but not limited to Jews, Christians and Caucasians, sue Defendants Louis Farrakhan, Nation of Islam, Al Sharpton, National Action Network, Black Lives Matter, Rashad Turner, Opal Tometi, Patrisse Cullors, Alicia Garza, Johnetta Elzie, Deray McKesson, New Black Panthers Party, Malik Zulu Shabazz, George Soros, Barack Hussein Obama, Eric Holder, and Hillary Clinton (collectively “Defendants” unless individually named) in their individual and official capacities where applicable, and in support allege as follows: I. INTRODUCTION AND NATURE OF THE ACTION 1. This is an Amended Complaint for damages and equitable relief arising out of the threats, severe bodily injury and/or deaths, future deaths, emotional harm, and imminent fears of death and/or serious bodily harm resulting from Defendants’ actions. Defendants have repeatedly incited their supporters and others to engage in threats of and attacks to cause serious bodily injury or death upon police officers and other law enforcement persons of all races and ethnicities including but not limited to Jews, Christians and Caucasians. Thus, Defendants, each and every one of them, jointly and severally, conspiring and/or acting in concert either expressly or otherwise, are inciting and causing serious bodily injury or death to police officers and other law enforcement persons of all races and ethnicities, Jews, and Caucasians. 2. This is a civil action for the deprivation of Plaintiffs and other members of the class herein of their civil rights, conspiracy against the Plaintiffs and other members of the class herein civil rights and obstruction of justice to prevent the enforcement of civil rights, relief pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), assault, and intentional 4 Case 3:16-cv-02010-L Document 16 Filed 09/16/16 Page 5 of 66 PageID 243 infliction of emotional distress resulting from the incitement of violent attacks that have led to the murders of, and have caused serious bodily injuries to police officers and other law enforcement persons of all races and ethnicities including but not limited to Jews, Christians and Caucasians. 3. Directing, provoking and even inciting individuals and angry crowds to violence is illegal, as illuminated by the U.S. Supreme Court in Brandenburg v. Ohio, 395 U.S. 444 (1969). 5 Case 3:16-cv-02010-L Document 16 Filed 09/16/16 Page 6 of 66 PageID 244 II. CLASS ACTION STATUS 4. Plaintiffs and other members of the class herein reserve the right to move the Court to certify this case and its causes of action as a class action pursuant to Federal Rules of Civil Procedure Rule 23. 5. The class proposed by Plaintiffs includes all police officers and other law enforcement persons of all races and ethnicities including but not limited to Jews, Christians and Caucasians who have been threatened and targeted and harmed by the Defendants’ ignited race war, and who reside within this district and the domestic United States. III. JURISDICTION AND VENUE 6. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331, 28 U.S.C. § 1332(a)(2), as a civil action brought by citizens of the United States. 7. This Court also has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1605 (general exceptions to jurisdictional immunity). 8. This Court also has subject matter jurisdiction over this action based on diversity of citizenship pursuant to 28 U.S.C. § 1332(a)(2), because there is complete diversity of citizenship between the Plaintiff and the Defendants. 9. On information and belief, the citizenship of the Defendants is: a. Louis Farrakhan, Illinois b. Nation of Islam, Illinois c. Al Sharpton, Harlem, New York d. National Action Network, Harlem, New York e. Black Lives Matter, Nationwide f. Mr. Rashad Turner, St. Paul, Minnesota 6 Case 3:16-cv-02010-L Document 16 Filed 09/16/16 Page 7 of 66 PageID 245 g. Ms. Opal Tometi, State of New York h. Ms. Patrisse Cullors, Los Angeles, California i. Ms. Alicia Garza, San Francisco, California j. Ms. Johnetta Elzie, Chicago, Illinois k. Mr. DeRay McKesson, Baltimore, Maryland l. Mr. Malik Zulu Shabazz, Washington, D.C. m. New Black Panther Party, Baltimore, Maryland n. Mr. George Soros, Katonah, New York o. Mr. Barack Obama, Illinois p. Mr. Eric Holder, Washington, D.C. q. Ms. Hillary Clinton, New York 10. Jurisdiction is also proper under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), in so far as the actions violate the 1st, 4th, 5th, and 14th Amendments to the U.S. Constitution. 11. Jurisdiction is also proper under 42 U.S.C. § 1983 and 42 U.S.C. § 1985 as questions of federal law. 12. The matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs. 13. This Court also has supplemental jurisdiction over this action pursuant to 28 U.S.C. § 1367. 14. Venue is proper in this district pursuant to 18 U.S.C. § 2334(a) and 28 U.S.C. §§ 1391(b) and 1391(d) because harm from the actions of the individual defendants acting in concert and individually occurred in this District in Dallas, Texas, when twelve police officers 7 Case 3:16-cv-02010-L Document 16 Filed 09/16/16 Page 8 of 66 PageID 246 were shot, five dead at this writing, and seven were seriously or critically wounded, within this District on July 7, 2016. In addition, there have been continuing threats of serious bodily injury and death against the Plaintiffs and those similarly situated. IV. STANDING AND THE INDIVIDUAL PLAINTIFF PARTIES 15. Demetrick Pennie (“Pennie”) has served as a police officer for seventeen years and is now a sergeant with the Dallas Police Department. Pennie is over the age of 18. Pennie served as a Corporal in the United States Army from 1995 until 1999 and then as an E-4 Specialist, when he was honorably discharged. Pennie holds a Bachelors Degree from Midwestern State University, a Masters Degree from Prairie View A&M University, and is in his final semester of his PhD program at Texas Tech University. Pennie is also the president of the Dallas Fallen Officer Foundation, which is a police support organization designed to assist the families of police officers threatened, killed or critically injured in the line of duty. Pennie has been threatened with death and/or serious bodily harm by Defendants, acting alone and/or in concert. 16. Plaintiff Larry Klayman (“Klayman”) is a Florida citizen, who is a Caucasian messianic Jew. Klayman is a part of law enforcement as a former federal prosecutor of the U.S. Department of Justice, as a former public official as a candidate for U.S. Senate, as the founder of Judicial Watch and Freedom Watch whose mission is to enforce the rule of law and fight against racism, public corruption, and to further civil rights and equality for all persons under the U.S.